- (1.) Challenge in the present writ petition is to the order dated 03.04.2014 (Annexure P-2) passed by the Industrial Tribunal, Gurdaspur, whereby, the application filed under Section 33-C(2) of the Industrial Disputes Act, 1947 (in short 'the Act') has been dismissed. The dispute in the application filed was that the respondent had given a contract for raising construction of a kothi on the plot situated at Ranjit Nagar, Qadian Road, Batala for a total contract of Rs. 1,75,000/- which was @ Rs. 45 per ft. Some construction had been raised but the petitionerapplicant, who was the contractor, was not paid his dues and resultantly, the claim was filed for a sum of Rs. 1,92,000/-.
(2.) The defence taken was that earlier a civil suit was filed before the Court at Batala, which was dismissed under Order 9 Rule 8 of CPC and that there was no relationship of master-servant in between the parties. The petitioner had already been paid more than his dues and he was not a licensed approved contractor. The petitioner had mis-utilized and misappropriated the material and more than 70 bags of cement had been taken away.
(3.) The Labour Court took into account the fact that the construction was not raised as per the map furnished by the respondent and, therefore, the petitioner could not be allowed to agitate that the respondent had engaged a new mason for the construction of his house. No details of the work carried out had been furnished nor any receipt regarding purchase of material had been produced. Nothing had been shown as to how many labourers were employed and their names had also not been furnished before the Labour Court. It was held that there was no evidence to establish the fact that the petitioner was entitled for Rs. 1,92,000/- and on the basis of oral submissions, he could not be granted the said relief. The civil suit which was dismissed also weighed with the Labour Court and accordingly, the application was rejected, as noticed above.;